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商业秘密是企业核心能力和竞争优势的具体体现,它是企业重要的无形资产,对企业在市场竞争中的生存和发展有着重要影响。越来越多的企业认识到了保护商业秘密的重要性,但是随着市场竞争日趋激烈,人才、特别是高级管理人才和核心技术人才的争夺也越来越激烈。商场如战场,商业秘密一旦泄露,后果不堪设想,为保护商业秘密,企业殚精竭虑,设计了种种方案。但有谁知道,在实践中,竟然有90%企业的保密规定、协议经不起”法律的考验”,败诉、败诉、不断的败诉,企业“输了官司,也输了人”,最后“人财两空”“这究竟是为什么?企业究竟应当如何更好地运用法律手段有效保护商业秘密,如何设计严密的保密制度体系,如何确保保密协议的合法有效,如何准确适用法律进行竞业限制?如何设计竞业限制的范围、对象和措施?如何追究违反竞业限制员工的责任?在合同订立以及日常管理工作中应当注意什么?——从这期开始,本刊特开设本栏目,吴文博士通过生动案例,和读者一道探讨企业商业秘密保护之道。
Trade secret is a concrete manifestation of the core competence and competitive advantage of an enterprise. It is an important intangible asset of an enterprise and has an important influence on the survival and development of an enterprise in the market competition. More and more enterprises recognize the importance of protecting commercial secrets. However, with the increasingly fierce market competition, competition for talents, especially for senior management personnel and core technical personnel, is also becoming increasingly fierce. Arcades such as the battlefield, business secrets, once leaked, the consequences could be disastrous, in order to protect trade secrets, the company worked hard to design a variety of programs. But who knows, in practice, there are actually 90% of enterprises’ confidentiality provisions and the agreement can not withstand the “legal test”, losing the lawsuit, losing the lawsuit and losing the lawsuit. Enterprises “lost their lawsuits and also lost their people.” Finally, How can we make better use of legal means to effectively protect trade secrets, how to design a strict system of secrets, how to ensure the confidentiality agreement is legal and effective, and how to accurately apply the law to carry out non-compete restrictions How to design the limits, targets and measures of competitive restrictions How to investigate the responsibilities of employees who violate competitive restrictions What should be paid attention to in contract establishment and daily management? From the beginning of this period, Through vivid cases, Dr. Wen discusses the protection of business secrets with readers.